Boroian v. Mueller’s Empirical Analysis
616 F.3d 60 · 2010
Citation profile
6 federal appellate · 5 district · 5 state decisions
Relationships
Applies 18 U.S.C. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990) · 18 U.S.C. § 3563 · 18 U.S.C. § 3571 · 28 U.S.C. § 534 (National Law) · 42 U.S.C. § 14132 (§ 210304 of the Violent Crime Control and Law Enforcement Act of 1994) · 42 U.S.C. § 14135A
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · United States v. Jacobsen · Kyllo v. United States · United States v. Karo
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Scientific advances might make it possible to deduce information beyond identity from the junk DNA” that forms the thirteen-loci profiles stored in CODIS. Future government uses of the DNA profiles in CODIS could potentially reveal more intimate or private information about the profile’s owner and depart from the uses for which the profiles were originally lawfully created and retained. In this case, however, these are merely hypothetical possibilities.... As in Weikert, “the possibility that junk DNA may not be junk DNA some day ... does not significantly augment [Boroian’s] privacy interest in the present case.””
1 later decision quote this exact passage · from the concurrence“The record contains no other information shedding light on how frequently partial matches occur in the national database, exactly what they reveal, or what kind of follow-up investigation is done when a partial match arises.... [Therefore] ... that claim is similarly speculative.”). In this respect, we also find it significant that CODIS is not designed for intentional familial searches and experts agree that searches of that type would not produce any useful information. DNA-Sample Collection, 73 Fed.Reg. at 74938 (”
1 later decision quote this exact passage · from the concurrence“To be sure, genetic fingerprints differ somewhat from their metacarpal brethren, and future technological advances in DNA testing (coupled with possible expansions of the DNA Act’s scope) may empower the government to conduct wide-ranging “DNA dragnets” that raise justifiable citations to George Orwell. Today, however, ... CODIS operates much like an old-fashioned fingerprint database (albeit more efficiently).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.